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Legal updates

One notable update in this Decree is the expansion of cases exempt from administrative notification procedures for implementing promotions, with no value limit, including:

 Decree No. 128/2024/ND-CP dated October 10, 2024, issued by the Government amending and supplementing several articles of Decree No. 81/2018/ND-CP dated May 22, 2018, detailing the Commercial Law regarding trade promotion activities

One notable update in this Decree is the expansion of cases exempt from administrative notification procedures for implementing promotions, with no value limit, including:

  • Organizing cultural, artistic, entertainment programs, and other events for promotional purposes. 
  • Providing product samples or service trials free of charge. 
  • Giving away goods or providing services free of charge. 
  • Selling goods or providing services at prices lower than previously announced, applied during a promotion period as notified (discount promotions). 
  • Selling goods or providing services accompanied by vouchers or service use coupons.

In addition, the Decree still requires businesses to fully comply with administrative notification procedures for promotional activities with a value exceeding VND 100 million, including:

  • Selling goods or providing services accompanied by contest entries for customers to win prizes according to announced rules and prizes (or equivalent contest and prize-giving methods). 
  • Organizing loyalty programs in which rewards are based on the quantity or value of goods or services purchased by customers, demonstrated through customer cards, purchase record slips, or other forms.

The Decree also amends and supplements several provisions of Decree No. 81/2018/ND-CP regarding: Promotion limits, discount limits, procedures for promotion notifications, procedures for notifying changes or additions to promotion programs, procedures for registering promotions, procedures for registering changes or additions to promotion programs, responsibilities for announcing results, awarding prizes, and reporting on the implementation of promotion programs.

The new Decree will take effect from December 1, 2024.

Please refer to the attached file for detailed information.

 

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